Edger v. Burke
Court of Appeals of Maryland
Appeal from the Circuit Court of Harford County, (Watters, J. Plaintiff's ist Prayer. — If the jury shall find from the evidence that the plaintiff George W. Edger was arrested by the defendant on the ioth day of January, 1901, without a warrant issued by an officer having competent authority to issue any such warrant and that the plaintiff was not arrested in the commission of any crime, and subsequently detained against his will then the verdict must be for the plaintiff.…
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Appeal from the Circuit Court of Harford County, (Watters, J. Plaintiff's ist Prayer. — If the jury shall find from the evidence that the plaintiff George W. Edger was arrested by the defendant on the ioth day of January, 1901, without a warrant issued by an officer having competent authority to issue any such warrant and that the plaintiff was not arrested in the commission of any crime, and subsequently detained against his will then the verdict must be for the plaintiff. {Rejected.) Plaintiff's 2nd Prayer. — If the jury shall find that the plaintiff was arrested without a warrant by the…
1Opinion of the CourtPearce, J.
This is an action brought on May 22nd, 1901, by George W. Edger against Eugene Burke and Edward Stewart for false arrest and imprisonment. Burke was at that time, and still is, deputy sheriff of Baltimore County where the crime was committed, and Stewart was a citizen summoned by Burke to aid in the arrest, which was made without a warrant.
The facts, as disclosed by the record, show that Burke was an experienced officer, having filled the position for eleven consecutive years ; that on the evening of January 8th, 1901, he and his wife returned from Baltimore to their home, which had been left…
2Cases cited10 opinions
- Samuel Kirk & Son v. GarrettCourt of Appeals of Maryland · 1896
- Firestone v. RiceMichigan Supreme Court · 1888
- Filer v. SmithMichigan Supreme Court · 1893
- Central Railway Co. v. BrewerCourt of Appeals of Maryland · 1894
- Stirling v. GarriteeCourt of Appeals of Maryland · 1862
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3Cited by16 opinions
- Ashton v. BrownCourt of Appeals of Maryland · 1995
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- Mulcahy v. StateCourt of Appeals of Maryland · 1960
- Downs v. SwannCourt of Appeals of Maryland · 1909
- Gilmore v. StateCourt of Appeals of Maryland · 1971
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